Pennsylvania is about to increase the penalties for drunk driving (driving under the influence – DUI). While the new law under Title 75 § 3802(c) will not affect the majority of those arrested for drunk driving in the Commonwealth, it will drastically change things for those who fall under it. Right now, an individual who commits a 3rd drunk driving offense within 10 years, faces a conviction for a misdemeanor of the 1st degree which carries with it a maximum of 5 years in prison, a mandatory minimum 18 month license suspension, and a 1 year mandatory minimum state prison sentence.

The new law however, under this section, increases the penalty from a misdemeanor offense to a felony for 3rd time DUI conviction within 10 years if the 3rd offense involves a blood alcohol content of .16 or higher. The law also makes a 4th DUI offense in 10 years a felony regardless of a person’s BAC. Right now, a 4th offense DUI is a misdemeanor of the 1